Locating Mortgage Title That Was Included In Bankruptcy.

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Locating Mortgage Title That Was Included In Bankruptcy.

We had a garage financed by EMC Mortgage in 2001. We had to file Chapter 7 Bankruptcy May 2003. EMC has no records of our mortgage and Wabaunsee County Courthouse claims to not either. (They are not the most helpful group) We are trying to sell the property the garage sits on. How do we go about tracking down this title? The buyer’s bank will not provide financing w/o a title to the garage.

Asked on July 1, 2009 under Real Estate Law, Kansas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, you need to obtain a copy of the deed when you purchased the property. You should also go to your lawyer that closed on the property when you bought it and ask him for a copy of the mortgage documents to show EMC the records.  Your mortgage broker should also have similar copies as well.  If EMC was the mortgagor and they have no records of the mortgage and you cannot locate the records from your prior lawyer or broker, then you should ask them to provide you with a release of the mortgage on the land records so that you can convey clear title.  I suggest that you hire a lawyer to contact EMC's lawyer if EMC wont give you a release of mortgage as you can always file a lawsuit to get EMC to issue a release of mortgage if they do not have the records to back up their mortgage (the town records should have a copy of the mortgage and is on file where the deed is recorded - I would start there on your own before hiring a lawyer and talking to EMC again).


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